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Friday, April 9, 2010

Will ban on cigarette logo stop smoking?

By Imaobong Udo

GOVERNMENTS across the globe have continued to take concrete steps to reduce deaths associated with cigarette smoking.

For instance, the United Kingdom (UK) is planning to ensure that cigarettes are sold in plain packets under new plans to halve the number of people who smoke.
The UK Health Secretary, Mr Andy Burnham, said the government would reduce the number of nicotine addicts by eight to four million in the next 10 years.
He said: “Now that we have banned advertising and will soon see an end to attractive displays in shops, the only remaining method of advertising tobacco is the packaging. So, we will carefully consider whether there is evidence for making tobacco companies use plain packets.”
He added that the packets would only show the brand name in text.
The UK Government also wants to target the estimated 200,000 young people who take up smoking every year.
Burnham said: “Government should and will do everything in its power to protect young people.”
The World Health Organisation (WHO) estimated that tobacco caused 5.4 million deaths in 2004 and 100 million deaths over the course of the 20th century.
Similarly, the United States Center for Disease Control and Prevention described tobacco use as the single most important preventable risk to human health in developed countries which also include about 600,000 premature deaths per year, numerous crippling illnesses and economic losses.
According to WHO, smoke contains several carcinogenic pyrolytic products that bind to DNA and cause many genetic mutations. There are over 19 known chemical carcinogens in cigarette smoke. Tobacco also contains nicotine, which is a highly addictive psychoactive chemical. When tobacco is smoked, nicotine causes physical and psychological dependency. Tobacco use is a significant factor in miscarriages among pregnant smokers, it contributes to a number of other threats to the health of the foetus such as premature births and low birth weight and increases by 1.4 to 3 times the chance for Sudden Infant Death Syndrome (SIDS).
The effects of smoking on human health are serious and in many cases, deadly. There are approximately 4,000 chemicals in cigarettes, hundreds of which are toxic. The ingredients in cigarettes affect everything from the internal functioning of organs to the efficiency of the body's immune system.
When people think of cancers caused by smoking, the first one that comes to mind is always lung cancer. Most cases of lung cancer death, close to 90 per cent in men, and 80 cent per in women are caused by cigarette smoking. There are several other forms of cancer attributed to smoking as well, and they include cancer of the oral cavity, pharynx, larynx, oesophagus, bladder, stomach, cervix, kidney and pancreas, and acute leukaemia.
The list of additives allowed in the manufacture of cigarettes consists of 599 possible ingredients. When burned, cigarette smoke contains over 4000 chemicals, with over 40 of them being known carcinogens.
Speaking on the issue, the Project Officer, Environmental Rights Action (ERA), Mr Philip Jakpor, said the issue was not about the change in logo.
He said: “The real issue is ensuring that there are appropriate labels that are legible. Health warnings and pictorials that are legible enough and cover at least half of the cigarettes pack. So it is not really the issue of logo. As we know, most of the cigarettes pack that we see bears in the body, 'the Ministry of Health says smoking is injurious to your health.'
“We believe that is not appropriate enough because the tobacco companies have not taken the responsibility seriously. They are not telling you that smoking is dangerous, but they are telling you that the Ministry of Health says so.
“What they should do is to tell us that the product can kill, it can cause cancer, it can cause impotency in men, and that tobacco use leads to diseases affecting the heart and lungs, with smoking being a major risk factor for heart attacks, strokes, chronic obstructive pulmonary disease (COPD), emphysema, and cancer (particularly lung cancer, cancers of the larynx and mouth, and pancreatic cancer). It also causes peripheral vascular disease and hypertension, all developed due to the exposure time and the level of dosage of tobacco. The higher level of tar content in the tobacco filled cigarettes causes the greater risk of these diseases. Due to higher levels of tar content in Third World countries, people who smoke in the developing countries are more vulnerable to diseases. Poorer nations also lack the inclusion of filters that richer nations have. However, the mortality rate does not show a significant decrease due to filters as many people, filter or no filter, die due to the main reason being their addiction and intake of tobacco.”
Jakpor added that Nigeria was signatory and ratified the WHO Framework Convention on Tobacco Control (FCTC). The law on the tobacco health warnings is in Article 11 which requires each party to the FCTC. It requires effective measures to ensure that tobacco products packaging and labelling carry large, rotating health warnings and do not promote tobacco products by false, misleading or deceptive means.
According to him, studies have shown that when people are informed and have the right of choice, they will decide to smoke or not and that when people know the dangers of smoking, they are likely not to smoke, but those who cannot read and write, when they see the bold pictures that are shown on the cigarettes packs, which shows what smoking is likely to result in, they are likely to refrain from smoking.
“But we are operating in the system where those things are not put in place and as such people do not have choice. People will just see beautiful cigarette packs and without reading the content, they start smoking it. “Tobacco companies glamorise smoking. Even in movies, we are made to believe that those who are hyper are actually the ones smoking, but in reality, these things are not so and unfortunately smoking has cut short so many lives, like top musicians, actors, journalists, doctors, commissioners, and top politicians.
“Even in countries like Canada, they make sure they put small pamphlet inside their cigarette packs which read: 'You can quit smoking,' and adds that; 'Tobacco products are highly addictive.' The implication now is your choice on whether to smoke or not. But with the kind of tobacco companies we have in Nigeria and their products, these things are not there, people are not informed rather what they do is to organise smoking parties and encourage people to smoke and called it Corporate Social Responsibility (CSR).
“Social responsibility is all about giving back to the society. But you can ask yourself what are the tobacco companies giving to the society other than death. What they are giving to the society is death, so if they give death to the society and they go to one community in Oyo State and give the farmers fertiliser, what they are doing is for the farmers to continue to grow their products and they called that CSR.
“So, our position is that Nigeria signed the FCTC and they should be able to domesticate it so that we will be able to reduce the tobacco-related deaths.
“I had an opportunity of talking with a man in Mbodiene in Senegal when I saw his teeth being completely rotten and damaged because of smoking. Merely looking at his teeth, it was all gone, I now asked him, 'Do you know that what you are doing is bad? The man said he knew, but he could not stop smoking.
“I asked him again; “Will you like your children to smoke? He said he would do everything to stop them from smoking.
“In every cigarette stick, you have contents like nicotine which is what get people so addicted to smoking and other deadly chemicals like formaldehyde which is the chemical that is used to preserve dead bodies in the mortuary. We also have carbon monoxide, methane and other dangerous chemicals. Naturally, anybody you tell that a stick of cigarette contains all these dangerous chemicals should be able to withdraw from smoking. But some of them find it very difficult to stop because of the nicotine which is the addictive substance which tobacco companies deliberately infuse in it to get people hooked to it,” Jakpor added.
According to him, WHO says if health warnings and pictorials are on cigarette packs, it will reduce the number of people who smoke because they will now see the contents of what they want to inhale.
The ERA project officer also called for the domestication of the FCTC and its provision which Nigeria signed in 2004 and ratified in 2005.
He said: “Once we domesticate it and start to implement, enforce and monitor it, this will actually help to reduce the number of smokers.
“We succeeded in getting Abuja to go smoke-free last year, now you cannot smoke publicly in Abuja. All over the world, we have what we call smoke-free public places. For instance, people do not smoke in schools, buses, restaurants, parks, even at airports and every other open place. If you travel out of the country, you find out that this is exactly what is happening. It is not that people don't smoke, they do, but they smoke in certain hidden places. But unfortunately, because of the weak laws we have in this country, you see people smoking anywhere they like. But if there is a strong law and the law is enforced like what we did in Abuja which was very successful, Nigeria will a be better place for all to live.”




Tuesday, March 23, 2010

Court adjourns $21.6b tobacco suit


THE recent mass transfer of judges at the Lagos State judiciary has already taken its toll on court cases.
Yesterday, a Lagos High Court, presided over by Justice Bukola Adebiyi, adjourned a $21.6 billion (N3.2 trillion) suit filed by the state government and a civil society group- the Environmental Right Action (ERA), against the British American Tobacco and others, till April 19, in readiness to obeying the transfer order. The matter would now be heard in Ikeja division, where it has been transferred to.
The court was to hear the second to fourth defendants' motion for stay of proceedings in the matter, which was stalled at the last hearing due to the absence of the counsel to second defendants- the International Tobacco Limited, Mr. Chijioke Okoli.
The claimants alleged that the tobacco companies have constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos. They are, consequently, seeking extensive reliefs that intend to regulate tobacco smoking, especially among youths and under-aged smokers.
The claimants specifically, sought special, general, punitive and anticipatory damages in the sum of $21.6 billion from the defendants.
This is in addition to an order of mandatory injunction compelling them, their successors-in-titles, privies and or agents to cease from marketing, promotion, distribution and sale of tobacco-related products to minors or under aged persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and/or misleading image regarding tobacco related products whether by direct depictions, pictorial, advertorials, images, words, messages, sponsorships, branding and/or through overt or covert and/or subliminal means.
The court was also asked to compel them to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health. The claimants argued that tobacco smoking has severe health implications including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants have recently admitted these facts.
"But despite the obvious knowledge of the adverse effects of their product, the defendants have surreptitiously and fraudulently targeted young and under-aged persons in their advertising and marketing," the claimants alleged.
They held that the mandatory health warnings inscribed on the pack are ineffective, as the defendants promote a retail strategy of sale by the stick, whereas the individual sticks that most consumers purchase have no such warning.
"The overall effect of the defendants' course of conduct is that the state government is called upon to expend its resources in treating tobacco related ailments caused by the use of defendants' products," the claimants added.

Judge’s transfer stalls $21bn tobacco suit

THE recent transfer of judges of Lagos High Court, on Monday, stalled further hearing in a $21bn suit by Lagos State Government and a civil society group, the Environmental Rights Action, against British American Tobacco and five other tobacco firms.
When the matter came up before Justice Bukola Adebiyi, she informed lawyers to the parties that she had been transferred from Lagos to Ikeja Division of the court.
She also told the lawyers that further applications on the case should wait till April 19.
The claimants had alleged that the tobacco firms had constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos.
The claimants are seeking extensive reliefs that intend to regulate tobacco smoking, especially as it affects youths and under-age smokers.
They also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.
They are further asking for an order of mandatory injunction compelling the tobacco firms and their agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under-age persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and misleading image regarding tobacco-related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding or through overt or covert and/or subliminal means.
The court was also asked to compel the tobacco firms to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health.
The claimants argued that tobacco smoking had severe health implications, including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants had recently admitted these facts.
But the defendants had in their statement of defence claimed that the court lacked jurisdiction to hear the suit.
They also insisted that the suit was an abuse of court process and should be dismissed.

Judges redeployment stalls tobacco suit



The joint suit instituted by the Lagos State government and the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FOEN) against five tobacco companies before a Lagos High Court sitting in Igbosere, could not continue on Monday because of the redeployment process going on in the Lagos judiciary.
At the resumed hearing of the suit, the presiding judge, Raliat Adebiyi, noted that she would not be able to continue with the hearing of the applications brought by the counsel, since she has been transferred to the Ikeja division of the Lagos High court, and is trying to collate the files before her. The hearing of the applications was, therefore, adjourned to April 19, 2010, in Ikeja, where she will continue to preside over the suit amongst other suits.
Justice Adebiyi has been deployed from the commercial division of the Lagos High court sitting in Igbosere to the Land section of the court sitting in Ikeja.
The claimants had instituted the action against the tobacco companies - British American Tobacco (Nigeria) Limited, International Tobacco Limited, British American Tobacco Plc and British American Tobacco Investment Limited - on the ground that tobacco smoking has severe health implications, including but not limited to cancer, cardiovascular and pulmonary complications, noting that the defendants have recently admitted these facts.
Allegations
They had alleged that, in spite of the obvious knowledge of the adverse effect of their product, the defendants have fraudulently targeted the young and the under-aged in their advertisement and marketing.
That, through the use of market surveys and sophisticated advertising, the defendants have utilised such means as music, cinema and fashion, to attract young and under-aged persons to smoking.
They submitted further that the mandatory health warnings inscribed on their packs are ineffective, as the defendants promote a retail strategy of sale by the stick, whereas the individual sticks that most consumers purchase have no such warnings.
The claimants’ causes of action are based on negligence, public nuisance, restitution, strict liability, and conspiracy to commit actionable wrongs, among others.
It was contended that the overall effect of the defendants’ course of conduct is that the state government is called upon to expend its resources in treating tobacco related ailments caused by the use of defendants’ products, maintaining that the state government spends at least N316, 000 per month on each of these ailments.
Claims
Consequently, the claimants want an order of mandatory injunction compelling the defendants, their successors-in-title, privies and/or agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under-aged persons.
An order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and/or misleading image regarding tobacco related products, whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding and/or through overt or covert and/or subliminal means.
Furthermore, the claimants asked for an order of mandatory injunction restraining the defendants from marketing, distributing, selling, or putting into the stream of commerce, either by themselves or through their distributors, agents, resellers, trade partners, marketers, and or any other person, any tobacco related products of whatever make or brand within a one thousand (1000) metre radius of any schools, hospitals, cinemas, playhouses or locations, children’s shopping areas, childcare facilities or such other public places in Lagos State, which are predominantly a location for minors and young persons under 18 years to “hang out”, play, assemble, congregate for any purpose whatsoever, including but not limited to educational, recreational, social, religious, sports or any other purposes.
In addition, they urged the court to grant an order of mandatory injunction compelling the tobacco companies to fund a tobacco control programme to be administered and controlled by an independent third party, who is to be appointed by the Lagos State government, targeted at minors and young persons under 18 years.
They also want a declaration of the court that the tobacco related products are addictive, and a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants, are hazardous and injurious to public health.
The claimants also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.

Thursday, March 18, 2010

Nigeria, others want ban on duty-free tobacco sales

- Law to end business as usual for tobacco industry lobbyists

GENEVA – As delegates from Nigeria and 167 other countries reach the mid-point in their final round of negotiations on a protocol to the global tobacco treaty aiming to curb tobacco smuggling, NGOs from the Network for Accountability of Tobacco Transnationals are urging governments to stand firm in their progress toward a ban on duty-free tobacco sales. The message is timed with Corporate Accountability International’s release of a new exposé, Smokescreen for Smuggling: Tobacco Industry Attempts to Derail the Illicit Trade Protocol, highlighting the role of the duty-free lobby in Big Tobacco’s efforts to thwart implementation of the global tobacco treaty, formally known as the World Health Organization Framework Convention on Tobacco Control (WHO FCTC).

“Many delegates have told us the last negotiating meeting was more productive without the industry present in the room,” says Akinbode Oluwafemi of Environmental Rights Action Nigeria. “We hope this will clear the way for Parties to adopt a rigorous protocol at the end of this week.”

“Tobacco corporations have organized a powerful coalition of anti-tax and duty-free trade associations to try and weaken or derail treaty negotiations,” explains Corporate Accountability International’s Tobacco Campaign Director Gigi Kellett. “But governments won’t tolerate business as usual with the tobacco industry anymore.”

At a meeting with the press during the World Health Assembly last spring, Dr. Graciela Gamarra, a delegate from Paraguay, made a prescient observation: For tobacco control there are two eras, before and after FCTC Article 5.3. One month later the intergovernmental negotiating body (INB) for the FCTC Illicit Trade Protocol (ITP) made a historic decision. Delegates observed that over 90% of the people at the meeting with “public” badges, lobbying delegates in the hall and watching from the public gallery, worked for the tobacco industry. Legally bound by FCTC Article 5.3’s requirement to protect policy-making from tobacco industry interference, the INB closed the public gallery to exclude the tobacco industry. One of the people kicked out of the meeting as a result was Keith Spinks, a key coordinators of the Big Tobacco/duty-free lobbying effort for the past eight years. This week, Parties reaffirmed this decision.

“The decision demonstrates the strength of the legal obligations of the first corporate accountability treaty,” according Yul Dorado, Corporate Accountability International Latin America Campaign Coordinator.

Monday, March 8, 2010

ERA pushes for passage of National Tobacco Bill

By Collins Nweze

The Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) has decried the delay by the National Assembly in the passage into law of the National Tobacco Control Bill. The agency said further delay in the passage of the bill may cost the nation more tobacco-related deaths.
The Framework Convention on Tobacco Control (FCTC), which has been signed and ratified by over 168 countries including Nigeria came into force in 2005 and is the first treaty negotiated under the auspices of the World Health Organisation (WHO) to take global action against tobacco-related deaths. The WHO says tobacco-related deaths stand at 5.4 million people annually, and projects this will increase beyond eight million over the next two decades, with the majority of lives lost in developing countries. It, therefore, insists that strong worldwide enforcement and implementation of the FCTC could save 200 million lives by the year 2050.
Nigeria, which signed the FCTC in 2004 and ratified in 2005, has been recording more deaths relating to tobacco, especially cancer. "The fifth year of FCTC entering into force calls for sober reflection for us as a nation because in the last five years little progress has been made in domesticating the FCTC.
This has not been without a grave impact on the citizenry because within this period we have lost talented musicians, journalists and even doctors, no thanks to nearly no regulation of an industry that markets a lethal product in beautiful wraps," said ERA/FoEN Programme Manager, Akinbode Oluwafemi.
Oluwafemi pointed out that "Nigerians are unhappy with the slow response of government to public health protection especially with the way the tobacco control bill has been neglected after the public hearing held in July 2009. We are further dismayed that there is an alleged clandestine moves by tobacco lobbyists to compromise our law makers with the intent of thwarting the passage of the national tobacco control bill."
"How else can you explain our law makers’ foot-dragging on the bill nearly one year after the public hearing? This action is anti-people and seriously compromises our democracy. Our lawmakers should stand by the people who have spoken in unison at the public hearing and abide by the principles of the FCTC which has reduced tobacco-related deaths in countries that have implemented the provisions"
The Director-General of the WHO, Dr. Margaret Chan, said recent studies estimates that full implementation of just four cost-effective measures set out in the FCTC could prevent 5.5 million deaths within a decade.

SOURCE

Speed up tobacco bill, group tells assembly

The lack lustre approach of the National Assembly to the speedy passage into law of the National Tobacco Control Bill may cause the nation more tobacco related deaths, according to the Environmental Rights Action/Friends of the Earth Nigeria, a non-governmental organisation.

The organisation made this call on the occasion of the 5th anniversary of the coming into effect of the Framework Convention on Tobacco Control (FCTC), which had been ratified by over 168 countries including Nigeria since 2005.

Increased tobacco-related deaths

According to the World Health Organisation (WHO), tobacco related deaths stand at 5.4 million people annually and by projections will increase beyond eight million over the next two decades, with the majority of lives lost in the developing countries.

The WHO insists that strong worldwide enforcement and implementation of the FCTC could save 200 million lives by the year 2050. Nigeria signed the FCTC in 2004 and ratified in 2005 but has been recording more deaths relating to tobacco, especially cancer.

"The fifth year of FCTC entering into force calls for sober reflection for us as a nation because in the last five years little progress has been made in domesticating the FCTC," said Akinbode Oluwafemi, ERA/FoEN's programme manager. "This has not been without a grave impact on the citizenry because within this period we have lost talented musicians, journalists and even doctors, no thanks to nearly no regulation of an industry that markets a lethal product in beautiful wraps."

Foot-dragging on the bill

Mr. Oluwafemi said that Nigerians are not happy with the slow response of government to public health protection, especially the way the tobacco control bill was neglected after the public hearing in July last year.

"We are further dismayed that there is an alleged clandestine move by tobacco lobbyists to compromise our law makers with the intent of thwarting the passage of the national tobacco control bill," said Mr. Oluwafemi. "How else can you explain our law makers' foot-dragging on the bill nearly one year after the public hearing? This action is anti-people and seriously compromises our democracy. Our lawmakers should stand by the people who have spoken in unison at the public hearing and abide by the principles of the FCTC which has reduced tobacco-related deaths in countries that have implemented the provisions."

At the fifth anniversary of the entry of the WHO FCTC, the convention secretariat organised a special event on 26 February 2010 at the WHO Headquarters in Geneva.

Margaret Chan, the director general of the WHO, said that recent studies estimate that full implementation of just four cost-effective measures set out in the FCTC could prevent 5.5 million deaths within a decade.

Fighting the lobbyists

Similar sentiments were echoed by tobacco control groups across the world. The Framework Convention Alliance (FCA), a network of tobacco control groups from across the globe, said that countries that have implemented the FCTC provisions like a ban on tobacco advertising and sponsorships have gone a long way in reducing deaths.

"Tobacco use remains high in low and middle income countries and is increasing among women and young people... We have had five years of good progress on policy but deaths due to tobacco use continue to rise. Governments need to fund their policy promises to stem the tide of tobacco deaths," said Laurent Huber, the FCA Director.

Another group, Corporate Accountability International, warned about the tobacco industry's track-record of trying to water down on the implementation of the FCTC.

According to the organisation's director, Gigi Kellett, "In July 2009, during an international protocol negotiating session, parties identified and kicked tobacco lobbyists out of the process - a move made possible by Article 5.3., a provision of the FCTC which protects the treaty from tobacco industry interference in any guise. By that action, parties safeguarded the negotiations against the tobacco industry's fundamental and irreconcilable conflict of interest, sending a strong message to the industry."

The FCTC entered into force in 2005. Parties are expected to domesticate the treaty by implementing national tobacco control coordinating mechanisms, prohibiting the sals of tobacco products to minors, and taking measures to protect public health policies from commercial and other vested interests of the tobacco industry.